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THE CITY OF 5 <br />~ ^~ ~° ~'~°~ "" CITY COUNCIL AGENDA REPORT <br />j'L£~S~NTONa <br />May 5, 2009 <br />Community Development <br />Engineering Division <br />TITLE: GRANT OF EASEMENTS TO THE ALAMEDA COUNTY FLOOD CONTROL <br />AND WATER CONSERVATION DISTRICT, ZONE 7, FOR A FLOOD <br />CONTROL OUTFACE STRUCTURE ON BERNAL CREEK AT THE <br />ARROYO DE LA LAGUNA (BERNAL PROPERTY) AND ACCESS TO THIS <br />STRUCTURE <br />SUMMARY <br />When the City acquired the Bernal property, an opportunity was created to reestablish a <br />historically degraded creek system to a natural appearing and functioning ecosystem. <br />When the City approached the owners of the creek, Zone 7, about the creek restoration <br />project, they indicated that they would deed the creek to the City. Subsequently, before <br />construction on the creek began, the creek was deeded to the City, inclusive of an <br />existing outfall structure located where this creek joins the Arroyo de la Laguna. It was <br />understood by both Zone 7 and City staff that the outfall structure would be maintained <br />by Zone 7. A separate legal description of the outfall structure has now been prepared, <br />and staff is recommending that the City formally grant easements to Zone 7 for access <br />to, and maintenance of, this outfall structure. <br />RECOMMENDATION <br />1. Approve the grant of easements to the Alameda County Flood Control and Water <br />Conservation District, Zone 7, for a flood control outfall structure on the Bernal <br />Creek at the Arroyo de la Laguna on the Bernal property, including access to this <br />structure from the public right-of-way. <br />2. Authorize the City Manager to execute the deeds granting these easements. <br />FINANCIAL STATEMENT <br />There will be no fiscal impact to the City by granting these easements. <br />